Probation periods: a practical guide for UK employers

A probation period gives an employer and new employee a structured opportunity to assess suitability. It does not suspend statutory rights, so manage it consistently and make decisions on evidence rather than assumptions.

Set expectations at the start

The contract should state the probation length, any different notice terms, how performance will be assessed and whether an extension is possible. Give the employee measurable objectives and explain the standards, training and support available.

Avoid waiting until the final week. Short check-ins allow concerns to be explained while there is still time to improve. Keep notes of agreed actions and examples of both good performance and gaps.

Build a review timetable

Turn probation into a short management plan rather than a single end-date meeting. A practical timetable can include an induction check after the first week, an early objectives discussion, a midpoint review and a final review scheduled before the contractual deadline. Assign one manager to own the process and make sure absence or diary pressure does not cause the end date to pass unnoticed.

Objectives should be within the employee's control and connected to the job description. Combine measurable outputs with expected behaviours, quality, attendance and learning where relevant. A new employee should know what evidence will be reviewed and who can help them succeed.

Managers should also record positive progress. A balanced review is more credible, helps the employee repeat effective behaviour and prevents the final decision from being shaped only by the most recent problem.

Run a fair review

• Share the purpose of the meeting and the issues in advance.
• Let the employee respond and identify any missing training or support.
• Consider whether disability, pregnancy, family leave, whistleblowing or another protected matter may be relevant.
• Base the outcome on documented role requirements.
• Confirm the decision and next steps in writing.

Support and reasonable adjustments

If performance may be affected by disability, ask appropriate questions about support and consider reasonable adjustments. This may involve equipment, changes to communication, additional training, altered supervision or a realistic adjustment to how an objective is assessed. Do not make assumptions about diagnosis or capability.

Also distinguish capability from conduct. A person who has not yet mastered a task may need coaching; deliberate refusal to follow a reasonable instruction may raise a different issue. Use the correct procedure and investigate before reaching a conclusion.

Possible outcomes include confirmation in role, a properly supported extension where the contract permits it, or ending employment with the applicable notice. An extension should have a clear reason, new end date, targeted support and another review date.

When an extension is appropriate

An extension can be reasonable where more evidence is genuinely needed, agreed training was delayed, the employee had significant absence or focused improvement is achievable in a defined period. It should not be an automatic response to weak management records.

Confirm the contractual basis, reason, revised objectives, support, new end date and consequence of not meeting the required standard. Give the employee a chance to comment. Repeated or open-ended extensions create uncertainty and may undermine the purpose of probation.

Ending employment during or after probation

Check contractual notice, statutory minimum notice, accrued holiday and the organisation's procedure. Give the employee the concerns and a fair opportunity to respond before deciding. Confirm the reason, termination date, notice arrangements, final pay, property return and any appeal offered under the procedure.

Short service does not remove all risk. Discrimination, whistleblowing, health and safety activity, trade union matters, family leave and other automatically unfair reasons can be relevant without ordinary qualifying service. Obtain advice where any protected issue may be connected.

Manager evidence checklist

• the role description and objectives provided at the start;
• dates and notes from review meetings;
• examples supporting both strengths and concerns;
• training, feedback and adjustments offered;
• the employee's explanation and response;
• the reason for the final outcome;
• the written confirmation and applicable notice.

Common failures to avoid

Do not allow probation to expire and then try to apply a shorter probationary notice clause retrospectively. Avoid introducing new criticisms at the final meeting, comparing employees inconsistently or relying on vague comments such as “not a good fit” without objective examples. Probation should test suitability fairly, not provide cover for an unexplained decision.

Probation is not a shortcut around discrimination law, automatically unfair dismissal protections, contractual obligations or relevant internal procedures. Read our probation review FAQ and ensure the employee handbook matches the contract.

This guide provides general information, not legal advice. The correct process depends on the facts, length of service, contract and reason for concern. Take advice before acting in sensitive or contested circumstances.

Sources

• Probation periods — Acas
• Reviews during probation — Acas
• Dismissal — GOV.UK